The Karnataka high court on Thursday ordered an interim stay on the state government’s decision to create a separate (Other Backward Class) OBC category for Vokkaligas and Lingayats and provide reservations in education and government jobs.
A division bench headed by chief justice PB Varale stayed the new categories and asked the government to maintain the status quo in the matter of OBC reservations.
The court’s decision came during the hearing of a PIL (public interest litigation) by Raghavendra DG challenging the creation of the new categories. It has adjourned the matter till January 30.
Arguing for the petitioner, advocate Ravivarma Kumar sought a stay order on the government’s decision which was granted by the court.
“The petitioner is deeply agitated by the ongoing agitation and demands which has resulted in certain particular caste being hand-picked by the first respondent (state government) for a favourable treatment discriminating against the petitioner’s caste,” read the petition.
The petitioner belongs to the OBC, which is currently under 2A.
The two dominant communities — Vokkaliga and Panchamasalis — which are in 3A and 3B categories have been demanding reservations under 2A status, and the government decided to abolish 3A and 3B categories.
The government decided to create two new categories of 2C and 2D. Those in 3A and 3B would now find a place in 2C and 2D.
The petitioner argued that if other dominant communities are added to 2A, it would affect his community’s interest. “The amount of pressure mounted on the first respondent has seriously affected the morale of the people coming under Category 2-A in general and the petitioner’s caste in particular. If such powerful caste and advanced communities get entry into category 2-A, the prospects of the petitioner’s caste getting any opportunities in education, particularly professional education and getting government jobs under the reserved quota, will be seriously jeopardised,” the petition added.
It was further contended in the petition that in terms of the Karnataka State Commission for Backward Classes Act, 1995, the concept of “interim report” did not find mention in the statutory scheme, and hence, the ad hoc procedure now sought to be followed to notify sub-sect of Veerashaiva-Lingayat community in Category 2A was impermissible in law.
The petitioner also pointed out that in 2000, KSCBC had rejected the claims by sub-groups of Lingayats for their inclusion in Category 2A.
In the recently concluded winter session of the state assembly in Belagavi, the government announced the creation of two new categories: 2C and 2D, to include the Lingayats and Vokkaligas in the reservations. Since the announcement, the Panchamasali caste of the Lingayats has been demanding inclusion in the 2A category.
The Panchamasalis are the largest group within the powerful Lingayat umbrella in Karnataka and have been asking for an increased proportion of OBC reservations. The Lingayat — a community that boasts current BJP chief minister Basavaraj Bommai and his predecessor BS Yediyurappa among its tallest leaders — form at least 18% of the state’s population, and Panchamasalis are over half that number. Panchamasalis, a peasant community, have often argued that despite their numerical superiority, other subsects of the Lingayats have received more state attention and have turned powerful, sparking anger within the community.
Panchamasalis are categorised in the newly created 2D subdivision under the backward class (BC) category, while they have been demanding inclusion in the 2A subdivision, which is categorised as “more backwards” and offers 15% reservation in education and employment.
The state has four categories of OBC: 2A, 2B, 3A and 3B based on the economic, social and educational status.
These communities get preferential reservations in jobs and educational institutions based on the categories. While 2A are the most backward, 2B are moderate, and a little above them are 3A and 3B.
Meanwhile, the Panchamasali community on Thursday said it is planning to stage a protest in front of CM Basavaraj Bommai’s residence in Shiggaon of Haveri district.
The government had said that the two communities would continue to enjoy the same benefits, as they were enjoying in 3A and 3B in the newly-created categories.
The government had planned to transfer the remaining quota of the Economically Weaker Section (EWS) to the 2C and 2D categories. The Brahmin community opposed the dilution of EWS. However, the Panchamasali community is opposed to it.
“We have already rejected the government’s decision to give us a reservation under section 2D. We welcome the high court’s stay. Our protest will continue till the government gives us a reservation under 2A. We will hold a protest outside Chief Minister’s home in Shiggaon. After that protest following the consultation with the community members, further action will be taken,” said Jaya Mrutyhyunjaya Swami of the Panchamasali Peeta, who is opposed to the current reservation announced by the government.
Meanwhile, two groups within the Pachamasali community are divided over the Karnataka government’s decision on reservation for the Lingayat sub-sect. The disagreement has been fuelled by the feud between large and medium-scale industries minister Murgesh Nirani and Vijayapura city MLA and Bharatiya Janata Party (BJP) leader Basangouda Patil Yatnal, community leaders in the know of the developments said.
Two groups within the Pachamasali community aligned with Nirani and Yatnal are at the centre of the controversy.
While one accepted the government’s proposal, the other is against it. Since the issue took centre stage, Yatnal and Nirani are accusing each other of working against the community’s interest, with both accusing each other of trying to steal credit for the reservation.
